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Home My WebLink About10-10-1995 Special SessionOctober 10, 1995 CITY COMMISSIONS OF THE CITIES OF APOPKA, OCOEE, WINTER GARDEN Ocoee Commission Chambers AGENDA I. WELCOME AND INTRODUCTIONS - Mayor Vandergrift 7:30 p.m. II. CALL TO ORDER AND ROLL CALL OF EACH CITY COMMISSION A. CITY OF APOPKA - Mayor Land B. CITY OF OCOEE - Mayor Vandergrift C. CITY OF WINTER GARDEN - Mayor Quesinberry III. PRESENTATION OF WESTERN BELTWAY ROUTE - A. INTRODUCTION • A. Wayne Rich, Chairman, and Dr. Harold W. Worrall, Executive Director, Orlando -Orange County Expressway Authority B. PRESENTATION *Mark S. Callahan, P.E., Associate Vice President, Greiner, Inc. *Timothy T. Jackson, P.E., Vice President/Director of Transportation Planning, Glatting, Jackson, Kercher, Anglin, Lopez, Rinehart, Inc. *Thomas R. Biggs, P.E., Vice President, 7�-ansportation Consulting Group •C. David Brown, H, P.A., Broad and Cassel IV. DISCUSSION AND/OR ACTION ON SEPARATE RESOLUTIONS BY EACH COMMISSION IN ORDER. V. ADJOURNMENT PLEASE NOTE: IN ACCORDANCE WITH FLORIDA STATUTE 286.0105: Any person who desires to appeal any decision at this meeting will need a record of the proceedings and for this purpose may need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal is based. ALSO, IN ACCORDANCE WITH FLORIDA STATUTE 286.26: Persons with disabilities needing assistance to participate in any of these proceedings should contact the Office of the City Clerk, 150 N. Lakeshore Drive, Ocoee, FL 34761, (407)656-2322 Ext. 146, 48 hours in advance of the meeting. FOLEY & LARDNER A T T O R N E Y S A T L A W SUITE 1800 111 NORTH ORANGE AVENUE ILLSEE A�„J' ORLANDO, FLORIDA 32801 LAHAS TALLAHAS TELEPHONE (407) 423-7656 TAMPA FACSIMILE (407) 648-1743 WEST PALM BEACH MAILING ADDRESS MILWAUKEE MADISON POST OFFICE BOX 2193 CHICAGO ORLANDO, FL 32802-2193 WASHINGTON, D.C. TO: The Honorable Mayor and City Commissioners of the City of Ocoee FROM: Paul E. Rosenthal, Esq., City Attorney DATE: October 10, 1995 RE: Resolution Regarding Western Beltway A MEMBER OF GLOBALEX WITH MEMBER OFFICES IN BERLIN BRUSSELS DRESDEN FRANKFURT LONDON PARIS SINGAPORE STUTTGART TAIPEI You have previously been provided with a proposed Resolution approving the route of the Western Beltway to the extent located within the corporate limits of the City. Approval of the Resolution is a condition precedent to the legal authority of the Expressway Authority to acquire right-of-way within the corporate limits of the City. The resolution has been prepared in coordination with the City staff and legal counsel for the Expressway Authority. In the course of finalizing the Resolution, several issues arose. First, there was concern expressed that the Expressway Authority has not taken any action approving the "route". It has been represented to the City Attorney (and should be represented at the Joint Special Session) that the Expressway Authority will proceed to approve the route which is being approved by the City of Ocoee. It should be noted that the Expressway Authority makes a distinction between a "route" and an "alignment". The route does not include detailed information regarding right-of- way widths and definitive interchange locations. The alignment study, which is continuing, will provide for a greater refinement of the route. However, the final alignment will not require formal approval by the City. Second, concern was raised regarding whether the approval of the proposed Resolution might result in a claim against the City for a temporary taking. We have not conducted the research necessary to reach any formal legal conclusion on this matter. The approach I have taken is to identify this issue to legal counsel E S T A B L I S H E D 1 8 4 2 The Honorable Mayor and City Commissioners of the City of Ocoee October 10, 1995 Page 2 for the Expressway Authority and request that they agree to indemnify the City from any cost and expense, including legal fees, in the event an action is brought against the City based upon approval of the route. Legal counsel for the Expressway Authority has discussed this concern with the Chairman and the Executive Director who have indicated that they believe such action by the Expressway Authority is reasonable and a statement to that effect should be made at the Special Session. Please note that any such indemnity would not protect the City against any actions of the City beyond approval of the Resolution. For example, the City would not be covered by such an indemnity if it refused to approve a proposed subdivision plan for a development located within the Western Beltway route. The City Commission may want to consider approving the proposed Resolution subject to a right to rescind the Resolution in the event an acceptable indemnity is not agreed upon between the City and the Expressway Authority. Finally, portions of the route cross lands owned by the City of Ocoee Sewer Fund (i.e., the golf course). Since this is an enterprise account it will be necessary for the City to receive full compensation under Florida law. Additionally, the golf course tenant has certain rights under its lease. This have been expressly dealt with in the proposed Resolution by the provision that it is not to be construed as diminishing any rights and privileges of the City as an owner of real property. PER:dh CC: Ellis Shapiro C:\WP51\ROCS\OCOE\MEMOS\PERDDH10.102110/10/951 DEBBIEH i PER:dh RESOLUTION NO. 95-1_ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA APPROVING, IN ACCORDANCE WITH THE PROVISIONS OF SECTION 348.754 (4) , FLORIDA STATUTES, THE ROUTE OF THE WESTERN BELTWAY TO THE EXTENT LOCATED WITHIN THE CORPORATE LIMITS OF THE CITY. WHEREAS, the Orlando -Orange County Expressway Authority ("the Authority") has identified the planning and construction of the Western Beltway as a priority project for the Orlando -Orange County Expressway Authority; and WHEREAS, the Authority has advised the City of Ocoee that it is interested in commencing the acquisition of right-of-way for the Western Beltway; and WHEREAS, the Authority has requested that the City of Ocoee approve the route of the Western Beltway as depicted in Exhibit "A" attached hereto and by this reference made a part hereof to the extent such route is located within the corporate limits of the City of Ocoee; and WHEREAS, pursuant to Section 348.754(4), Florida Statutes, the Authority cannot commence the acquisition of right- of-way for that portion of the Western Beltway located within the corporate limits of the City of Ocoee until the route of the Western Beltway is approved by the governing body of the City of Ocoee; and WHEREAS, the City Commission of the City of Ocoee desires to take the necessary action in order to allow the Authority to begin the acquisition of right-of-way within the corporate limits of the City of Ocoee; and WHEREAS, the City of Ocoee joins the City of Apopka and the City of Winter Garden, together with other applicable governmental agencies, in supporting the advancement of the Western Beltway; and WHEREAS, the City of Ocoee, together with all interested parties is desirous of maximizing intergovernmental cooperation in order to advance the completion of the Western Beltway; and WHEREAS, the City Commission of the City of Ocoee encourages all interested citizens and affected property owners to cooperate fully with the Authority in order to expedite this essential roadway and to minimize the impact of the Western Beltway, both monetarily and physically; and WHEREAS, the City Commission of the City of Ocoee has considered this Resolution at a duly noticed special meeting of the City Commission. NOW, THEREFORE, BE IT RESOLVED, by the City Commission of the City of Ocoee, Florida, that, pursuant to Section 348.754(4), Florida Statutes, the City Commission of the City of Ocoee hereby approves, to the extent located within the corporate limits of the City of Ocoee, the route of the Western Beltway as developed by the Orlando -Orange County Expressway Authority and depicted in Exhibit "A" attached hereto and by this reference made a part hereof; provided, however, that this Resolution shall not be construed to diminish any rights and privileges of the City of Ocoee as an owner of real property which may be located within said route. PASSED AND ADOPTED this day of October, 1995 ATTEST: Jean Grafton, City Clerk (SEAL) APPROVED: CITY OF OCOEE, FLORIDA S. Scott Vandergrift, Mayor FOR USE AND RELIANCE ONLY BY APPROVED BY THE CITY OF OCOEE THE CITY OF OCOEE, FLORIDA COMMISSION AT A SPECIAL MEETING APPROVED AS TO FORM AND LEGALITY HELD ON , 1995 this day of , 1995. UNDER AGENDA ITEM NO. FOLEY & LARDNER By: City Attorney C`,WP51\DOCS'CC0E`9ELTWAY.RES;10%6/95' DEBBIEW PER:dh I 0 TI-0